High Court seeks strong evidence from the police in Delhi riots conspiracy case; next hearing set for July 9
NEW DELHI — The Delhi High Court has once again postponed the bail hearing of student activists and research scholars Umar Khalid and Sharjeel Imam, accused of plotting the 2020 Delhi riots. The next hearing has now been scheduled for 9 July, as the police failed to provide sufficient evidence to justify the application of the Unlawful Activities (Prevention) Act (UAPA).
A total of 18 people, most of them young Muslim activists and students, have been named in this case related to the North-East Delhi riots, which erupted in February 2020 during protests against the controversial Citizenship Amendment Act (CAA) and the proposed National Register of Citizens (NRC). Of the 18 accused, two remain untraceable.
The High Court bench, comprising Justice Naveen Chawla and Justice Shalinder Kaur, on Tuesday postponed the hearing after Special Public Prosecutor Amit Prasad sought more time. Solicitor General Tushar Mehta appeared via video conferencing, while the courtroom saw anxious families of the accused waiting in hope.
“This delay is deeply disappointing. It’s been more than four years and the prosecution still cannot show concrete proof,” said Advocate Trideep Pais, who is representing Umar Khalid. “We are not asking for the charges to be dropped, only for a fair chance at bail while the trial continues.”
The accused have been charged under UAPA, a law meant for dealing with terrorism and acts against national security. The application of such a strict law on peaceful protesters and student activists has raised serious concerns among rights groups and senior legal experts.
Umar Khalid, a former student of Jawaharlal Nehru University (JNU), and Sharjeel Imam, a former PhD scholar at JNU and IIT Bombay, have been in custody since 2020. Their petitions challenge the lower court’s decision to deny them bail.
“They are being punished without trial. The government is using UAPA as a weapon to silence Muslims who speak up against injustice,” said Abdul Qayyum, a retired professor and family friend of one of the accused.
The Delhi High Court had earlier asked the police if a peaceful protest or speech could be considered enough to book someone under UAPA. “Is organising a protest now an act of terrorism?” the court asked during earlier hearings. The judges had asked the police to present solid and direct evidence linking the accused to any actual violence.
The Delhi Police claim that Umar Khalid and Sharjeel Imam were the “masterminds” of the riots, and cite their speeches and WhatsApp chats as evidence. However, the defence argues that these speeches were part of a public protest, not a call to violence.
“None of the speeches call for violence. If anything, Umar repeatedly asked people to remain peaceful and stay united. There is no direct link between what he said and the unfortunate incidents that followed,” said his father, Dr SQR Ilyas.
In contrast, Sharjeel Imam is being targeted for an academic speech he gave in January 2020 in Aligarh, where he criticised the government’s citizenship policies. That speech is now being projected by the police as inflammatory.
“This is a witch-hunt. The real crime here is dissent, and they are trying to criminalise it,” said senior advocate Rebecca John, who has closely followed the case.
In June 2021, the Delhi High Court granted bail to three other accused, Devangana Kalita, Natasha Narwal, and Asif Iqbal Tanha, stating clearly that dissent cannot be equated with terrorism. Ishrat Jahan, another accused, was also granted bail by the trial court.
Legal experts say these past bail orders set a strong precedent for Umar and Sharjeel’s bail.
“If others in the same case have been granted bail, why are Umar and Sharjeel still behind bars?” asked Advocate Trideep Pais. “This is a clear example of selective targeting.”
Many believe that this case is more about religion and politics than justice. Muslim voices who were active during the anti-CAA protests have been disproportionately arrested and held for years under UAPA, a pattern visible across several cases since 2020.
“Let’s be honest—if these boys weren’t Muslims, they would have been out by now,” said Farah Naaz, a student activist who participated in the anti-CAA movement. “Look around, those who actually incited violence on the other side have not even been questioned properly.”
Over 700 FIRs were registered in various police stations of North-East Delhi, yet few from the pro-CAA side have faced a serious investigation. Many videos of Hindu men openly threatening violence are available online, but action against them has been minimal.
“The police seem more interested in protecting the powerful than finding the truth,” said human rights activist Harsh Mander. “This is not just about Umar and Sharjeel. It is about the rights of every Indian citizen who dares to question the government.”
The delay has left the families of the accused mentally and emotionally exhausted. Many of them have lost jobs, faced social pressure, and endured long court battles with no end in sight.
“We have faith in the court,” said Umar’s mother, draped in a white dupatta as she waited outside the courtroom. “But how long will they keep our children locked up for something they didn’t do?”
For Sharjeel’s younger brother, Saqib Imam, it’s not just about bail. “It’s about his dignity. My brother is not a criminal. He is a scholar who raised his voice when many stayed silent.”
With the hearing now postponed to 9 July, all attention is on whether the Delhi Police will finally bring forward any real evidence. The case is still at the stage of framing charges, despite more than four years having passed since the arrests.
Until then, the future of Umar, Sharjeel and several others remains uncertain, caught in the long shadows of a justice system that seems to move slowly when it comes to Muslims.
As senior journalist Arfa Khanum Sherwani wrote on social media, “We are not asking for special treatment. We are just asking for the law to treat our children fairly.”
